Home/Case Law/ARTURO SALAS vs. BAY CITY CONTAINERS, COMPWEST INSURANCE COMPANY, PACIFIC COMPENSATION INSURANCE COMPANY
Regular DecisionRegular Panel Decision

ARTURO SALAS vs. BAY CITY CONTAINERS, COMPWEST INSURANCE COMPANY, PACIFIC COMPENSATION INSURANCE COMPANY

Filed: Apr 26, 2013
San Francisco
ADJ4297322

CompFox AI Summary

This case concerns a lien claimant's petition for reconsideration after their lien was dismissed by the WCJ for failing to appear at a lien conference. The lien claimant argued they filed an objection and that dismissal for non-appearance was improper under Rule 10562. Although the petition was deemed timely filed as the claimant received the dismissal order late, the Appeals Board dismissed the petition due to procedural defects. Specifically, the petition was not properly served on adverse parties and lacked specific references to the record and applicable law as required by Board rules.

Full Decision Text1 Pages

This case concerns a lien claimant's petition for reconsideration after their lien was dismissed by the WCJ for failing to appear at a lien conference. The lien claimant argued they filed an objection and that dismissal for non-appearance was improper under Rule 10562. Although the petition was deemed timely filed as the claimant received the dismissal order late, the Appeals Board dismissed the petition due to procedural defects. Specifically, the petition was not properly served on adverse parties and lacked specific references to the record and applicable law as required by Board rules.

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